Venue: Council Chamber, Town Hall, Matlock, DE4 3NN. View directions
Contact: Democratic Services
No. | Item |
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Approval of Minutes of Previous Meeting 24 September 2024 Minutes: It was moved by Councillor Anthony Bates, seconded by Councillor Peter Dobbs and
RESOLVED
That the minutes of the meeting of the Licensing and Appeals Committee held on 24 September 2024 be approved as a correct record.
Voting
07 For 00 Against 01 Abstentions
The Chair declared the motion CARRIED. |
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Interests Members are required to declare the existence and nature of any interests they may have in subsequent agenda items in accordance with the District Council’s Code of Conduct. Those interests are matters that relate to money or that which can be valued in money, affecting the Member, her/his partner, extended family and close friends. Interests that become apparent at a later stage in the proceedings may be declared at the time. Minutes: There were no declarations of interest. |
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Public Participation To enable members of the public to ask questions, express views or present petitions, IF NOTICE HAS BEEN GIVEN, (by telephone, in writing or by email) BY NO LATER THAN 12 NOON OF THE WORKING DAY PRECEDING THE MEETING. As per Procedural Rule 14.4 at any one meeting no person may submit more than 3 questions and no more than 1 such question may be asked on behalf of one organisation.
Minutes: There was no public participation. |
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Exclusion of Public and Press At this point the Committee will consider excluding the public and press from the meeting in order to consider the exempt information contained within Item 6. The reasons for this exemption are detailed below, as per paragraphs 1, 2 and 3 of Schedule 12A of the Local Government Act 1972:
1. Information relating to any individual.
2. Information which is likely to reveal the identity of an individual.
3. Information relating to the financial or business affairs of any particular person (including the authority holding that information). Minutes: It was moved by Councillor Steve Wain, seconded by Councillor Peter Dobbs and
RESOLVED (unanimously)
That in accordance with Section 100(a) of the Local Government Act 1972, the public and press be excluded because it is likely the nature of the business to be transacted would result in exempt information being disclosed.
The Chair declared the motion CARRIED. |
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Appeal Against Officer Decision To Reject An Application for a Discretionary Council Tax Discount This report asks the Committee to determine an appeal against an officer decision to reject an application for a discretionary council tax discount. Minutes: The Director of Resources introduced a report which asked Members to consider an appeal against an Officer decision to reject an application for a discretionary council tax discount.
It was moved by Councillor John Bointon and seconded by Councillor Steve Wain to overturn the officer decision and award a discretionary council tax discount.
During debate an amendment was proposed by Councillor Anthony Bates and seconded by Councillor Peter Dobbs to overturn the officer decision and award a discretionary Council tax discount, with the appellant required to pay for 6 months based on the average monthly premium due over the period detailed in section 1.4 of the report.
The amendment was put to the vote and the voting was as follows:
Voting
05 For 03 Against 00 Abstentions
The Chair declared the amendment CARRIED.
The amendment then became the substantive motion.
The substantive motion was the put to a vote and it was
RESOVLED (unanimously)
That the officer decision is overturned and a discretionary council tax discount is awarded, with the appellant required to pay for 6 months based on the average monthly premium due over the period detailed in section 1.4 of the report.
The Chair declared the substantive motion CARRIED. |
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Sitting Out Licences - Ashbourne Reborn Proposals Members of the Committee are asked to approve the following: to adopt a similar fee structure to that approved by Members for Pavement Licences; the proposed termination of existing licences to allow for Ashbourne Reborn construction works to the Market Place and Victoria Square; and provision of new sitting out licences compatible with the change in use of these areas and works to improve other areas of public realm within the town centre.
Additional documents: Minutes: The Estates and Facilities Manager and the Regeneration and Place Manager introduced a report which sought approval to adopt a similar fee structure to that approved by Members for Pavement Licences; the proposed termination of existing licences to allow for Ashbourne Reborn construction works to the Market Place and Victoria Square; and provision of new sitting out licences compatible with the change in use of these areas and works to improve other areas of public realm within the town centre.
Members were informed that following the streamlining of the process to allow businesses to secure Pavement Licences quickly in response to the Covid 19 pandemic under the Business and Planning Act (BPA) 2020, the Council adopted similar procedures to grant sitting out licences on its own land, the majority of these being on Ashbourne Market Place and Victoria Square.
Following approval of revised arrangements for Pavement Licences (in accordance with the Levelling Up and Regeneration Act 2023) on the highway, it was proposed to adopt similar arrangements for sitting out licences on District Council land, and to apply these arrangements to any future applications.
Sitting out licences needed to be put in place for the completion of the town centre public realm improvements delivered under the Ashbourne Reborn scheme. The proposed construction works to Ashbourne Market Place and Victoria Square would require all furniture (including tables, seating, barriers planters and other items) to be removed from these areas from 31 January 2025. Based on the contractor’s latest programme, works on these areas were due to start in February 2025 and complete by August 2025.
It was moved by Councillor Bob Butcher, seconded by Councillor Neil Buttle and
RESOVLED (unanimously)
1. That notice is served on the 6 existing sitting out licences and other businesses with items on District Council land, primarily located in Ashbourne Market Place and Victoria Square, terminating the existing licences and requiring the areas to be cleared of all furniture and other items by 31/01/2025 or a later date subject to the contractors final programme (after the Christmas period and prior to Shrovetide) to allow for proposed Ashbourne Reborn construction works to commence.
2. That new sitting out licences are granted to the 8 businesses / organisations in Appendix 1 based on the terms contained therein.
3. That a fee structure be established for new sitting out licences mirroring the adopted fee structure for Pavement Licences based on the number of seats an establishment wishes to use in the applicable outdoor space:
- A fee of £200 per two-year licence for the use of four seats or less, applicable to both new applications and renewals.
- A fee of £500 per two-year licence for the use of five seats or more, applicable to new applications, with a fee of £350 per two-years for renewals of this nature.
Legal and surveyors fees will not be charged.
4. That this fee structure and criteria be applied to any new sitting out licences elsewhere in the District.
5. That authority ... view the full minutes text for item 277/24 |
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Confirmation of Unlicensed Family Entertainment Centre (UFEC) Permit Fees To inform members of a statutory gambling fee that has been omitted from the ‘Animal Welfare and Licensing Fees’ for Permits for Unlicensed Family Entertainment Centre (UFEC). Additional documents: Minutes: The Licensing Manager introduced a report informing Members of a statutory gambling fee that had been omitted from the ‘Animal welfare and Licensing Fees’ for Permits for Unlicensed Family Entertainment Centre (UFEC).
Members were informed that the fees for the Licensing Act 2003 were statutory and set by Central Government and were not included within the list of the Councils fees as the Council has no flexibility over the fees charged. The Gambling Act 2005, Statement of Principes 2025-2028, Gambling Policy had been reviewed and approved by Council on the 28th November 2024.
It was noted that the Council issued four UFEC Permits but the £300 fee for these was not listed on the Council’s Animal Welfare and Miscellaneous Licensing annual fee list. The fee lists for 2024/25 and 2025/26 had been amended and were attached at Appendix 1.
It was moved by Councillor Anthony Bates, seconded by Councillor Helen Froggatt and
RESOVLED (unanimously)
That the statutory fee of £300.00 for a Grant and Renewal of a UFEC Permit is confirmed for 2024/25 and 2025/26.
The Chair declared the motion CARRIED.
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Review of House-to-House and Street Collections Licensing Policy This report seeks the Committee’s approval of the final House-to-House and Street Collections Policy, after consultation, detailed in Appendix 1.
Additional documents: Minutes: The Licensing Manager introduced a report which sought the Committee’s approval of the final House-to-House and Street Collections Policy, after consultation, detailed in Appendix 1.
It was noted that the District Council was the Licensing Authority for Charitable Street Collections under Section 5 of the Police, Factories, etc. (Miscellaneous Provisions) Act 1916, and for Charitable House to House Collections under the House-to-House Collections Act 1939. In 2021 the Council approved a formal Policy setting out the Council’s requirements and expectations in relation to these collections, for the benefit of the Council, applicants, and members of the Public.
On the 26thMarch 2024 a draft House to House and Street Collection Policy was considered by the Licensing and Appeals Committee prior to consultation. Two additional sections were added to the draft policy, prior to consultation, which covered complaints and financial control for Charities.
Due to elections, the consultation on the House to House and Street Collection Policy was delayed and took place between the 12th August 2024 and 20th September 2024. The draft policy was circulated to all existing house- to-house and street collection permit holders, town and parish councils, police, trading standards, elected members, and officers within the authority.
It was moved by Councillor Peter Dobbs, seconded by Councillor Bob Butcher and
RESOVLED (unanimously)
That the Committee approves the final House-to-House and Street Collections Policy 2024 detailed in Appendix 1.
The Chair declared the motion CARRIED.
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